McGaha v. Smoky Mountain Stages, Inc.

The defendant by exceptive assignment challenges the sufficiency of the findings of fact to support a recovery. The plaintiff alleged and both she and her husband testified that her injuries as well as his resulted from the collision between the moving bus and their stationary automobile. The plaintiff’s pleadings were cast, her evidence was presented and the case was tried on that theory. Judge Sheppard entered, and then removed by crossing out, a finding that the bus and the automobile had collided. The Court found the automobile collided with the rock. But the plaintiff and her husband…